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Author : Nicholas K. F. O'Neill
Publisher : Unknown
Page : 0 pages
File Size : 49,8 Mb
Release : 2012
Category : Capacity and disability
ISBN : 1743320086
Author : Beverley Clough
Publisher : Routledge
Page : 167 pages
File Size : 54,6 Mb
Release : 2021-10-21
Category : Law
ISBN : 9781000463835
This book explores the conceptual spaces and socio-legal context which mental capacity laws inhabit. It will be seen that these norms are created and reproduced through the binaries that pervade mental capacity laws in liberal legal jurisdictions- such as capacity/incapacity; autonomy/paternalism; empowerment/protection; carer/cared-for; disabled/non-disabled; public/private. Whilst on one level the book demonstrates the pervasive reach of laws questioning individuals mental capacity, within and beyond the medical context which it is most commonly associated with, at a deeper and perhaps more important level it challenges the underlying norms and assumptions underpinning the very idea of mental capacity, and reflects outwards on the transformative potential of these realisations for other areas of law. In doing so, whilst the book offers lessons for mental capacity law scholarship in terms of reform efforts at both domestic and internationals levels, it also offers ways to develop our understandings of a range of linked legal, policy and theoretical concepts. In so doing, it offers new critical vantage points for both legal critique and conceptual change beyond mental capacity law. The book will be of interest to researchers in mental capacity law, disability law and socio-legal studies as well as critical geographers and disability studies scholars.
Author : D'Arcy Hiltz,Anita Szigeti
Publisher : Unknown
Page : 666 pages
File Size : 55,6 Mb
Release : 2014
Category : Capacity and disability
ISBN : 0433478276
Author : Michael Ashley Stein,Faraaz Mahomed,Vikram Patel,Charlene Sunkel
Publisher : Cambridge University Press
Page : 451 pages
File Size : 55,9 Mb
Release : 2021-09-02
Category : Law
ISBN : 9781108838856
Provides practical solutions for ending coercion in mental health care and realizing the universal right to legal capacity.
Author : John E.S. Poyser
Publisher : Unknown
Page : 128 pages
File Size : 40,9 Mb
Release : 2019
Category : Electronic
ISBN : 0779889185
Author : Eilionóir Flynn,Anna Arstein-Kerslake,Clíona de Bhailís,Maria Laura Serra
Publisher : Routledge
Page : 218 pages
File Size : 50,9 Mb
Release : 2018-07-20
Category : Law
ISBN : 9781351579704
This edited collection is the result of the Voices of Individuals: Collectively Exploring Self-determination (VOICES) based at the Centre for Disability Law and Policy, National University of Ireland Galway. Focusing on the exercise of legal capacity under Article 12 of the UN Convention on the Rights of Persons with Disabilities, the stories of people with disabilities are combined with responses from scholars, activists and practitioners, addressing four key areas: criminal responsibility, contracts, consent to sex, and consent to medical treatment. Sustainable law and policy reforms are set out based on the storytellers’ experiences, promoting a recognition of legal capacity and supported decision-making. The perspectives are from across a wide range of disciplines (including law, sociology, nursing, and history) and 13 countries. The volume is a valuable resource for researchers, academics and legislators, judges or policy makers in the area of legal capacity and disability. It is envisaged that the book will be particularly useful for those engaged in legal capacity law reform processes worldwide and that this grounded work will be of great interest to legislators and policy makers who must frame new laws on supported decision making in compliance with the UNCRPD.
Author : Nicholas K. F. O'Neill,Carmelle Peisah
Publisher : Unknown
Page : 128 pages
File Size : 44,5 Mb
Release : 2012
Category : Capacity and disability
ISBN : 1743320086
Author : Mary Donnelly
Publisher : Cambridge University Press
Page : 345 pages
File Size : 55,9 Mb
Release : 2010-11-18
Category : Law
ISBN : 9781139491846
This analysis of the law's approach to healthcare decision-making critiques its liberal foundations in respect of three categories of people: adults with capacity, adults without capacity and adults who are subject to mental health legislation. Focusing primarily on the law in England and Wales, the analysis also draws on the law in the United States, legal positions in Australia, Canada, Ireland, New Zealand and Scotland and on the human rights protections provided by the ECHR and the Convention on the Rights of Persons with Disabilities. Having identified the limitations of a legal view of autonomy as primarily a principle of non-interference, Mary Donnelly questions the effectiveness of capacity as a gatekeeper for the right of autonomy and advocates both an increased role for human rights in developing the conceptual basis for the law and the grounding of future legal developments in a close empirical interrogation of the law in practice.
Author : Iris Reuvecamp,John Dawson
Publisher : Unknown
Page : 425 pages
File Size : 46,7 Mb
Release : 2019-08-14
Category : Capacity and disability
ISBN : 1988591090
Mental Capacity Law in New Zealand is a comprehensive text on the legal position of people who lack capacity, in many different contexts, including their position regarding health care, residential placement, property management, and participation in legal proceedings. General Editors Iris Reuvecamp and John Dawson have assembled a team of subject matter experts from both legal and medical backgrounds who cover all major areas of the law of mental capacity in New Zealand (except the criminal law).
Author : Anna Arstein-Kerslake
Publisher : Springer Nature
Page : 165 pages
File Size : 54,6 Mb
Release : 2021-01-25
Category : Law
ISBN : 9783030634933
This book explores the role of gender in the recognition of an individual’s legal capacity. It discusses the meaning of the right to legal capacity and its two core elements – legal personhood and legal agency. It then analyses historical and modern denials of personhood and agency experienced by women, disabled women, and gender minorities – for example, prohibitions from voting, limitations on contracting, loss of personhood upon marriage, and gender binary requirements leading to an inability to exercise legal capacity, among others. Using critical feminist, disability, and queer theory, this book also offers insights into the construction of legal personhood and its role as a predictor of power and privilege. The book identifies patterns of oppression through legal capacity denial in various jurisdictions and discusses situations in which modern law continues to enforce these denials. In addition, the book presents solutions: it identifies practices to learn from in various jurisdictions around the world – including both civil law and common law jurisdictions. It also uses case studies to illustrate the ways in which existing laws, policies and practices could be reformed. As such, the book offers both a novel contribution to the field of legal capacity law and a tool for creating change and helping to realise the right to legal capacity for all.
Author : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.),Renee de Assis,Suzanne Cardell
Publisher : Unknown
Page : 180 pages
File Size : 42,9 Mb
Release : 2019-09-27
Category : Electronic
ISBN : 1680923021
A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
Author : Camillia Kong
Publisher : Cambridge University Press
Page : 276 pages
File Size : 51,6 Mb
Release : 2017-05-11
Category : Family & Relationships
ISBN : 9781107164000
An interdisciplinary text that investigates mental capacity and considers how relationships can affect an individual's ability to make decisions.
Author : Simon Godefroy
Publisher : Learning Matters
Page : 192 pages
File Size : 46,9 Mb
Release : 2015-07-22
Category : Social Science
ISBN : 9781473934122
Many social work students find the study of mental health legislation a complex and at times challenging process. Acts of law can seem irrelevant and far-removed from everyday practice and the person-centred approach that many social workers take. This book introduces students to the fundamental principles of mental health law and how they can be applied to everyday practice. There are clear introductions to key Acts such as the Mental Capacity Act and the Mental Health Act as well as the relevant Codes of Practice. These introductions, applied to social work case examples from practice, make this book a perfect key text for the social work law module. Students will see that mental health law doesn't exist in a vacuum and instead develops and evolves through constant interaction with the fundamental principles of sound social work practice.
Author : Tim Branton
Publisher : RCPsych Publications
Page : 132 pages
File Size : 47,6 Mb
Release : 2013-04
Category : Mental health laws
ISBN : 1908020636
This easy-to-read book guides clinicians through the parts of the Mental Capacity Act 2005 that they need to understand and use in their daily practice. This act now gives clinicians the authority to provide medical care and treatment to people (over 16 years) who lack the capacity to consent for themselves.
Author : Michael Dudley,Derrick Silove,Fran Gale
Publisher : Oxford University Press
Page : 733 pages
File Size : 51,8 Mb
Release : 2012-06-21
Category : Law
ISBN : 9780199213962
People with mental disorders often suffer the worst conditions of life.This book is the first comprehensive survey of the mental health/human rights relationship. It examines the relationships and histories of mental health and human rights, and their interconnections with law, culture, ethnicity, class, economics, biology, and stigma.